Confusion abounds among litigants as to whether and when the anti-SLAPP may apply in a given case. A common mistake is to assume that the statute does not apply in bankruptcy court. However, there is long-standing authority in the Ninth Circuit for the application of California’s anti-SLAPP law in federal court so long as the claims are pendant state law claims and do not … [Read more...] about Does California’s anti-SLAPP statute apply in bankruptcy court?
Anti-SLAPP
Are anti-SLAPP Motions the Proper Vehicle to Attack Derivative Claims? Dickenson v. Cosby (2017) 17 Cal.App.5th 655
Janice Dickenson, a well-known celebrity and model, filed an action against Bill Cosby, also well-known TV personality and comedian, for defamation, false light, and intentional infliction of emotional distress. After going public with accusations of rape against Cosby, Dickenson received a demand letter and discovered a press release, both issued by Cosby’s attorney Martin … [Read more...] about Are anti-SLAPP Motions the Proper Vehicle to Attack Derivative Claims? Dickenson v. Cosby (2017) 17 Cal.App.5th 655
Must an anti-SLAPP defendant submit declarations in order to satisfy their prong one burden?
The Second District Court of Appeals recently issued a significant opinion in Bel Air Internet, LLC v. Morales (2018) 20 Cal.App.4th 924. In Bel Air, the plaintiff brought claims for (1) intentional interference with contractual relations; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; and (4) conversion (against one defendant … [Read more...] about Must an anti-SLAPP defendant submit declarations in order to satisfy their prong one burden?
Malicious Prosecution
Malicious prosecution is extremely difficult to prove and is disfavored by the law. It requires the plaintiff to plead and prove four distinct elements in order to prevail. These elements are: (1) initiation of a prior proceeding; (2) favorable termination; (3) lack of probable cause; and (4) malice. The first element is pretty self-explanatory: it requires the initiation of … [Read more...] about Malicious Prosecution
The Meaning of Libel Per Se
Here is a short post describing what libel per se means. In California an allegedly defamatory statement is said to be libelous per se if it is defamatory on its face. Meaning that it does not need any explanation. For example, accusing someone of a crime is libelous on its face. If a statement is libelous per se the plaintiff does not need to prove special damages. This is … [Read more...] about The Meaning of Libel Per Se